RFO 697DCK-25-R-00028.pdf

U.S. Department of Transportation Federal Aviation Administration

Request for Offers (RFO) Cover Letter

Solicitation Package

Project Name: Anchorage ARTCC Water Treatment & Humidifier Upgrade Project

Location: Anchorage, Alaska

Solicitation No.: 697DCK-25-R-00028

Issue Date: October 30, 2024

Submit Offers to: cindi.tjelde@faa.gov

Submit Offers by: Tuesday, December 3, 2024, 5:00 PM (Alaska time)

Special Instructions:

1) Bipartisan Infrastructure Law (BIL) Funded Project – This contract is being funding with BIL funds. See Contract Clause 3.18-1 Bipartisan Infrastructure Law – Reporting Requirements (October 2022) and Attachment 3 – Uniform BIL Data Report, for special contract reporting requirements.

2) Insurance is required (See Contract Clause 3.4.1-12 Insurance (Oct 2019) for required coverage limits).

3) Payment and Performance Bonds Required (See Contract Clauses 3.4.1-5 Payment Bond Requirements and 3.4.1-4 Performance Bond Requirements).

4) Set Aside: This requirement does not have a specific set aside. It is opened to ALL-sized businesses.

5) NAICS Code: 236220 Commercial & Institutional Building Construction, which has a small business size standard of $45.0 Million.

6) Estimated Project Size: Between $500,000 and $750,000.

7) Site Visit: A site visit for this project will be held on Tuesday, November 12, 2024, at 10:00 a.m.

(Alaska time). The site visit is not mandatory, but highly encouraged, so that the offeror and potential subcontractors can verify existing conditions, quantities of materials, and amount of work required. The contractor is responsible for ensuring that their offer reflects all work and time required to accomplish this project. RSVP for the site visit by contacting Peter Brewer at Peter.J.Brewer@faa.gov.

8) Questions: See Clause L003 on page 59 regarding how to submit RFIs/Questions. Do NOT send questions to engineers or site visit POCs. Questions are to be submitted to the Contracting Officer only.

SOLICITATION, OFFER

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder"

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED BID (RFP)

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

2200 S. 216TH STREET

DES MOINES WA 98198-6547

AAQ530ANM-AFN

cindi.tjelde@faa.gov

Cynthia Tjelde 206-231-3026 x

10/30/2024 2

PURCHASE REQUEST NO.

697DCK-25-R-00028

10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Water Treatment & Humidifier Upgrade Project at FAA's Anchorage Air Route Traffic

Control Center (ARTCC) located at 700 North Boniface Parkway, Anchorage, Alaska

99506-1612.

11. The Contractor shall begin performance within

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award notice to proceed. The performance period is mandatory, negotiable. (See ________________________________________________ .)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and is not required.is, B. An offer guarantee

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers must be publicly opened at that time . Sealed envelopes containing offers shall be marked to show the offeror's name and address. The solicitation number, and the date and time offers are due.

D. Offers providing less than

12B. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in item 12B.)

5 30 calendar days and complete it within ________________ ________________ calendar days after receiving

1 1700

12/03/2024 x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Contract Authority acceptance after the date offers are due will not be considered and will _________________ be rejected.

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Contract Authority in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (MUST BE FULLY COMPLETED BY OFFEROR)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Contract Authority)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Contract Authority solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. CONTRACT AUTHORITY 31C. AWARD DATE

BY

2PAGE OF

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

2200 S. 216TH STREET

DES MOINES WA 98198-6547

AAQ530ANM-AFN

Cynthia A. Tjelde

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

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Section A - Solicitation/Contract Form

A001 SOLICITATION INDEX

The Federal Aviation Administration (FAA) is soliciting competitive proposals through the use of this Request for Offers (RFO) for the award of a firm, fixed price construction contract.

This RFO consists of the following Parts / Sections:

Part I – The Schedule Section A: Solicitation / Contract Form Section B: Supplies or Services / Prices Section C: Descriptions / Specifications Section D: Packaging and Marking Section E: Inspection and Acceptance Section F: Deliveries or Performance Section G: Contract Administration Data Section H: Special Contract Requirements

Part II – Contract Clauses Section I: Contract Clauses

Part III – List of Documents, Exhibits, and Other Attachments Section J: List of Documents, Exhibits, and Other Attachments

Part IV – Representations and Instructions Section K: Representations, Certifications, and Other Statements of Bidders Section L: Instructions, Conditions, and Notice to Bidders Section M: Evaluation Factors for Award

End of Clause

Section B - Supplies or Services/Prices Section B - Schedule

Clause List

B001 PRICE / COST

The Contractor is required to furnish all labor, tools, materials, services, equipment, transportation, insurance, bonds, security notifications, submittals, supervision, licenses, permits, state sales taxes and fees in accordance with applicable federal, state, and local regulatory requirements, for the Water Treatment & Humidifier Upgrade Project at the Anchorage Air Route Traffic Control Center (ARTCC) located at 700 North Boniface Parkway, Anchorage, Alaska 99506-1612, in accordance with the contract clauses, specifications, drawings, and applicable wage rates.

CONTRACT LINE ITEM (CLIN) DESCRIPTION TOTAL

001 1 JOB $_______________________________

The offered price must include all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, transportation, inspections, testing, operation and maintenance manuals, warranties, payment and performance bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees, permits, licenses, and (d) any miscellaneous charges.

Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System (AMS). The 1996 DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are four of these laws.

B002 ESTIMATED PERIOD OF PERFORMANCE / CONTRACT TIMELINES

From contract award, the FAA estimates the following timelines:

30 days for submittals, including submission, review, and approval

30+/- days for onsite physical work, any required punchlist items, and cleanup

30 days for all required closeout documents

Total contract timeframe expected is approximately ninety (90) days. These timelines are estimates only and are negotiable based upon the contractor’s means and methods. These timelines also do not include lead times for any construction materials. The final period of performance will be based on contractor’s final approved schedule.

The contractor will be required to submit a practicable schedule for approval after contract award.

B003 FACILITY SECURITY CONSIDERATIONS

The contractor will be allowed a sufficient number of contractor/subcontractor workers to be badged during this project. Contractor’s badged workers must escort unbadged workers at all times. This air traffic facility is a secure facility that requires daily entry through security. Entrance into the facility requires all unbadged individuals to go through the security building and obtain a visitor pass for that day. This process may take anywhere from 15 to 30 minutes depending on the number of workers requiring entry.

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

Clause List

C001 SCOPE OF WORK

See Attachment 1 – Specifications and Attachment 1(a) Drawings (as an attachment to the Specifications).

Section D - Packaging and Marking Clause List

Section E - Inspection and Acceptance Clause List

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

Section F - Deliveries or Performance Clause List

F001 FEDERAL HOLIDAYS OBSERVED / HOLIDAY MORATORIUMS

The following federal holidays are observed by the Federal Aviation Administration. No work will take place on holidays.

2025 Holiday Moratoriums (Z = Zulu time)

-New Year’s Day................................(December 21, 2024 @ 0000Z to January 6, 2025 @ 0800Z) -Martin Luther King, Jr.’s Birthday -Washington’s Birthday -Memorial Day...................................(May 22, 2025 @ 0000Z to May 27, 2025 @ 0800Z) -Juneteenth -Independence Day.............................(July 2, 2025 @ 0000Z to July 7, 2025 @ 0800Z) -Labor Day.........................................(August 28, 2025 @ 0000Z to September 2, 2025 @ 0800Z) -Columbus Day -Veterans Day -Thanksgiving Week..........................(November 22, 2025 @ 0000Z to December 1, 2025 @ 0800Z) -Christmas Week................................(December 20, 2025 @ 0000Z to January 5, 2026 @ 0800Z)

If a federal holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the federal holiday falls on a Sunday, the holiday is observed on the following Monday.

(End of Clause)

Section G - Contract Administration Data Clause List

G001 INVOICING INSTRUCTIONS

After contract award, contractor will be required to submit a Schedule of Values (SOV) for approval and to be used for determining contract financing payments throughout the contract duration. The Government is paying for “work in place” or “work accomplished”. Submittals are considered incidental to the actual installation work and are to be spread over the installation activity line items and not reflected as a separate line item in the SOV to be paid prior to physical work accomplished. Only work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer, will be paid as work progresses on the contract.

Once the Notice to Proceed is issued and the onsite work starts, the contractor may submit monthly invoices to the FAA as work progresses. Prior to NTP, only reimbursement of bond costs may be invoiced. Monthly pay app requests must contain:

1) Draft invoice/SOV reflecting work completed to-date.

2) Payrolls through the invoice period end date.

3) Updated construction schedule reflecting progress to-date.

4) Monthly Construction Waste Management Report.

Contractor is to submit pay app requests concurrently to the Contracting Officer (CO) and the Contracting Officer's Representative (COR) for review prior to uploading the invoice into FAA's e-invoicing system. Once the draft invoice is reviewed and approved, the contractor will be instructed to upload the approved invoice into the FAA's e-invoicing system for payment. A minimum of 5% of the final contract value will be held at completion of the project until all closeout documents are received and approved by the FAA and a Contractor’s Final Release Statement is received.

See Contract Clause 3.3.1-2 Payments under Fixed-Price Construction Contracts for additional information.

End of Clause

Section H - Special Contract Requirements Clause List

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:

Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 2019)

(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion will be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

Project Manager [ ] Superintendent [ ]

(List key personnel and/or facilities)

(End of clause)

H001 STATE REGULATION OF FEDERAL CONSTRUCTION PROJECTS

FAA contractors may encounter requests from State and local governments for the FAA’s contractors to obtain building permits, zoning approval, sanitation approval, etc. Based on the “Supremacy Clause” set forth in Article 6 of the U.S. Constitution, construction contractors are not required to obtain most permits or approvals for work done on Federal construction projects. The States do have enforcement authority for safety and environmental protection as specified by the Occupational Safety and Health Administration (OSHA), the Comprehensive Environmental Response, Compensation and Liability (Superfund) Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA).

Contractors who encounter attempts by State or local government entities to assess various types of fees against a FAA construction project should be advised to inform the Contracting Officer immediately if the assessing entity attempts in any way to prevent or hinder the contractor at the job site.

(End of Clause)

H002 POST AWARD CONFERENCE (KICK OFF MEETING)

The Contractor’s Project Manager will be required to attend a brief post award conference via Microsoft Teams after contract award to ensure the contractor has an understanding of the contract requirements and to identify any potential problems or issues that may need to be addressed prior to contract performance.

H003 APPLICABLE MINIMUM HOURLY WAGE RATES

The wage determination decision of the Secretary of Labor in this contract specifies the minimum hourly rate of wages which must be paid to the laborers and mechanics employed or work at the job site. The rates have been determined by the Secretary of Labor in accordance with the provisions of the Davis Bacon Act, as amended, to be prevailing rates for the corresponding classes of laborers employed on contracts of a similar character in the locality where the work is performed.

While the wage rates given in the decision are the MINIMUM rates required to be paid during the life of the contract, it is the responsibility of offerors to inform themselves as to local labor conditions, such as the prevailing wage rates, the length of the work day and work week, overtime compensation, fringe benefits payments, available labor supply, and prospective changes or adjustments to wage rates. The contractor must abide by and conform to all applicable laws, Executive Orders, and rules, regulations, and orders of the Secretary of Labor. No increase in contract price will be allowed or authorized for the payment of wage rates in excess of those listed in the contract wage determination decision.

The wage determination decision of the Secretary of Labor in this contract is solely for the purpose of setting for the minimum hourly wage rates required to be paid during the life of the contract and is not to be accepted as a guarantee, warranty, or representation of the wage rates indicated.

NOTE: THE DAVIS BACON ACT IS APPLICABLE (SEE CONTRACT CLAUSES). REFERENCE THE

ATTACHED GENERAL WAGE DECISION NO. AK20240001, dated 09/13/2024, FOR THE STATE OF ALASKA (SEE SECTION “J”). THE WAGE DETERMINATION IS HEREBY INCORPORATED INTO THIS

REQUEST FOR OFFERS (RFO) AND WILL BE PART OF ANY RESULTANT CONTRACT.

H004 SUBMITTALS / CONSTRUCTION SCHEDULE

A Notice to Proceed (NTP) will be issued to the contractor after the preconstruction meeting and when the on-site work is ready to start. Prior to its issuance, all submittals and other required documentation must be submitted and approved by the FAA. These may include, but are not limited to, an approved project schedule, insurance and bonds, an approved construction waste management plan, and completion of the badging process.

See Attachment 1 – Specifications for required submittals and information regarding the submittal process. The estimated timeframe for the submittal process is 30 days from contract award. The contractor must provide an initial construction schedule for FAA review and approval within 14 days of contract award, and a finalized project schedule at least 14 days prior to the Notice to Proceed. The contractor must use a standard scheduling software program, such as Primavera, that has been developed specifically to manage construction schedules. The FAA must approve Contractor’s scheduling software program. The contractor will be required to provide the FAA with notice if the contractor makes logic changes in the schedule after approval/acceptance.

The contractor is expected to finance the project throughout the submittal process until the NTP is issued. Once the NTP is issued, the FAA will begin making financing payments monthly as work progresses, as detailed in Contract Clause 3.3.1-2 Payments under Fixed-Price Construction Contracts.

Section I - Contract Clauses Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (JUL 2018)

3.2.2.3-36 REVERSING OR ADJUSTING OF PLANS FOR POSTRETIREMENT BENEFITS OTHER

THAN PENSIONS (PRB) (APR 2023)

3.2.2.3-43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 2024)

3.2.2.3-46 SUPERVISING THE CONTRACT WORK (JUL 2004)

3.2.2.3-47 PERMITS AND RESPONSIBILITIES (JUL 2024)

3.2.2.3-48 OTHER CONTRACTS (MAR 2009)

3.2.2.3-49 PROTECTING EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS (JUL 2004)

3.2.2.3-50 PROPERTY PROTECTION (OCT 2014)

3.2.2.3-51 OPERATIONS AND STORAGE AREAS (APR 2012)

3.2.2.3-52 USE AND POSSESSION BEFORE THE PROJECT IS COMPLETE (JUL 2004)

3.2.2.3-53 CLEANING UP AND ROADWAY MAINTENANCE (JUL 2004)

3.2.2.3-54 PREVENTING ACCIDENTS (JUL 2004)

3.2.2.3-55 AVAILABILITY AND USE OF UTILITY SERVICES (JUL 2004)

3.2.2.3-58 LAYOUT OF WORK (MAR 2009)

3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)

3.3.1-9 INTEREST (APR 2023)

3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)

3.3.1-19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2021)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(OCT 2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (JUL 2018)

3.3.1-40 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2022)

3.4.1-12 INSURANCE (OCT 2019)

3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (JUL 2019)

3.5-1 AUTHORIZATION AND CONSENT (APR 2023)

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED, WOMEN-OWNED, SERVICE-

DISABLED VETERAN OWNED, AND HUBZONE SMALL BUSINESS CONCERNS (JAN 2021)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL 2023)

3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION (OCT 2018)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (JUL 2023)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)

3.6.2-18 DAVIS BACON ACT (JUL 2023)

3.6.2-19 WITHHOLDING-LABOR VIOLATIONS (JUL 2023)

3.6.2-21 APPRENTICES, TRAINEES, AND HELPERS (JUL 2023)

3.6.2-22 SUBCONTRACTS (LABOR STANDARDS) (JUL 2023)

3.6.2-23 CERTIFICATION OF ELIGIBILITY (JUL 2023)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (JUL 2023)

3.6.2-39 TRAFFICKING IN PERSONS (JUL 2023)

3.6.2-46 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JUL 2023)

3.6.2-47 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026

(JUL 2023)

3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (JAN 2020)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (JAN 2020)

3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (JAN 2020)

3.6.3-19 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (JAN 2020)

3.6.3-21 EFFICIENCY IN WATER CONSUMING PRODUCTS AND SERVICES (JAN 2020)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)

3.6.3-26 FOAMS (OCT 2016)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.6-1 DRUG FREE WORKPLACE (APR 2023)

3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)

3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)

3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JUL 2023)

3.9.1-1 CONTRACT DISPUTES (JAN 2020)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-8 SUSPENSION OF WORK (SEP 1998)

3.10.1-15 CHANGES-CONSTRUCTION, DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (JUL 2023)

3.10.1-20 WARRANTY-CONSTRUCTION (JUL 1996)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)

3.10.4-23 CONTRACTOR AND SUBCONTRACTOR COMPLIANCE WITH FASTENER ACT (NOV

1997)

3.10.6-6 DEFAULT (FIXED PRICE CONSTRUCTION) (OCT 1996)

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2023)

3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)

The order of precedence is:

(a) The Schedule (excluding the specifications);

(b) Representations;

(c) Contract clauses;

(d) Other documents, exhibits, and attachments;

(e) The specifications; and

(f) The drawings.

(End of clause)

3.2.2.3-39 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR DATA OTHER

THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (JAN 2022)

(a) Request for exception from certified cost or pricing data requirements.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If-

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor must provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Dependent upon the commercial items being catalog items, market-priced items, or items included on an active Federal Supply Service Multiple Award Schedule contract, the Contractor must include the corresponding information pursuant to that of which is described in paragraphs (a)(1)(B)(1); (a)(1)(B)(2) or (a)(1)(B)(3) of this clause:

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data.

If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror must prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the information contained at AMS Guidance T3.2.3.G.1 "Instructions for Submitting Certified Cost/Price Proposals for Supplies, Services, or Construction," which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in AMS T3.2.3.G.1 are incorporated as a mandatory format to be used in this contract.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror must submit a Certificate of Current Cost or Pricing Data that conforms to the instructions contained in the Appendix G1 to AMS Guidance T3.2.3, 'Cost and Price Methodology."

(End of clause)

3.2.2.3-41 PERFORMING WORK (APR 2024)

The Contractor must perform, using its own organization, work equivalent to at least 15 percent of the total amount of work under the contract on the site. The CO may modify this contract to reduce this percentage if the Contractor requests a reduction and the CO determines that it would be to the FAA's advantage to do so.

(End of clause)

3.2.2.3-42 DIFFERING SITE CONDITIONS (APR 2024)

(a) Before the conditions are disturbed, the Contractor must promptly notify the Contracting Officer (CO) in writing of either or both of the following conditions:

(1) Subsurface or latent physical conditions at the site which differ materially from those described in this contract.

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent to the type of work the contract covers.

(b) The FAA will investigate the site conditions promptly after receiving the notice. If the CO determines that the conditions do materially differ and cause an increase or decrease in the cost of, or the time required for, performing any part of the work under this contract, the CO will make an equitable adjustment under this clause and modify the contract accordingly in writing.

(c) The CO will not accept a request for an equitable adjustment to the contract unless the Contractor gives the required written notice. However, the CO may extend the time for giving written notice.

(d) The CO will not accept a request for an equitable adjustment for differing site conditions after final payment is made under this contract.

(End of clause)

3.2.2.3-45 MATERIAL AND WORKMANSHIP (JUL 2024)

(a) The Contractor must incorporate equipment, material, and articles that are new and of the most suitable grade for the purpose intended to do the work this contract covers, unless the contract provides otherwise. The FAA encourages the Contractor to use recycled materials to manufacture the products. If the contract specifies equipment, material, or articles by trade name, make, or catalog number, the Contractor must use those specific items. The FAA will not accept equivalent items unless the specification authorizes it.

(b) The Contractor must perform all work under this contract in a skillful and workmanlike manner. The Contracting Officer (CO) may require, in writing, that the Contractor removes employees whom the CO determines are incompetent, careless, or otherwise objectionable.

(End of clause)

3.2.2.3-56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)

(a) The Contractor (you) must, within five days after the work on the contract starts or after another period determined by the Contracting Officer (CO), prepare and submit to the CO for approval three copies of a practicable schedule showing the order in which you propose to perform the work, and the dates you plan to start and finish the important stages of the work (including acquiring materials, plant, and equipment). The schedule must be in a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion during the contract period. If you do not submit a schedule within the time prescribed, FAA (us) may withhold payments until you submit the schedule. If you fall behind your schedule, you must send a revised schedule with your next request for payment. Provide us additional schedules as soon as practicable if the CO requests them.

(b) With each payment request, submit a copy of the last schedule you submitted, annotated to show progress to date. If at any time, in the CO's opinion, you have fallen behind the schedule to an extent which would jeopardize timely completion, you must take steps to improve progress, including those the CO may require, to enable timely completion without additional cost to us. The CO may require you to increase the number of shifts, the amount of overtime, days of work each week, or the amount of constructor plant being used. You must submit any supplementary schedules the CO deems necessary to demonstrate how you will regain the rate of progress necessary for timely completion.

(c) If you fail to comply with the CO's requirements under this clause, the CO may determine that you are not performing the work with enough diligence to ensure completing it within the time the contract requires. If the CO makes this determination, the CO may terminate this contract for default.

(End of clause)

3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (JUL 2024) - ALTERNATE

II (JUL 2024)

(a) If either the specifications or the drawings (but not both) mention tasks, the Contractor must assume that the tasks are in both. If the drawings and specifications differ, the specifications govern. If there is a discrepancy in the figures, in the drawings, or in the specifications, the Contractor must submit the matter promptly to the Contracting Officer (CO), who will promptly determine which governs, and notify the Contractor in writing. Any adjustment made by the Contractor without the CO's determination is at the Contractor's own risk and expense. As needed, the CO will provide necessary detailed drawings and other information, unless otherwise provided.

(b) Wherever in the specifications or the drawings, the FAA uses "directed," "required," "ordered," "designated," "prescribed," or similar words, they refer to the CO's requirements. Similarly, "approved," "acceptable," "satisfactory," or similar words refer to the CO's approval, unless otherwise expressly stated. The Contractor must have a complete set of plans and specifications on-site and available for the FAA's use.

(c) Where the FAA uses "as shown," "as indicated," "as detailed," or similar words, they refer to the drawings accompanying this contract, unless stated otherwise. The word "provided" means "provided and installed."

(d) Omissions from the drawings and specifications or the erroneous description of details of work which are necessary to carry out the intent of the drawings and specifications, or which are customarily performed, does not relieve the Contractor from performing those omitted or erroneously described details of the work. The Contractor must perform them as if fully and correctly set forth and described in the drawings and specifications.

(e) The Contractor must check all drawings the FAA provides before starting work and must promptly notify the CO of any discrepancies. In general, the Contractor should follow figures marked on drawings, rather than scale measurements. In general, large-scale drawings have precedence over small-scale drawings. The Contractor must compare all drawings and verify the figures before laying out the work. If the Contractor does not verify the figures, the Contractor will be responsible for any errors that might have been avoided had it verified them.

(f) "Shop drawings" means drawings, the Contractor or any subcontractor submit to the FAA under a construction contract, showing in detail the proposed fabrication and assembly of structural elements and the installation (that is, form, fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials the Contractor provided to explain in detail specific portions of the work the contract requires.

The FAA may duplicate, use, and disclose in any manner and for any purpose shop drawings you deliver under this contract.

(g) If this contract requires material offers (for example, shop drawings, catalog cuts, certificates of conformance), the Contractor must coordinate all of its offers, and review them for accuracy, completeness, and compliance with contract requirements. The Contractor must provide evidence that it approves the submittals. If the Contractor submits materials to the FAA without this evidence, the FAA may return them and ask the Contractor to resubmit the materials. The CO will indicate whether he or she approves or disapproves the offer, and if the CO does not approve it as submitted, will indicate the reasons for rejecting it. Any work done before the CO's approval is at the Contractor's risk. The CO's approval does not relieve the Contractor from responsibility for any errors or omissions in the submittals, nor from responsibility for complying with the contract requirements, except as described under (h).

(h) If the submittals vary from the contract requirements, the Contractor must describe the variations in writing, separate from the submittal, when it submits them. Send this description, a copy of the offer, and a proposal to incorporate it into the contract directly to the CO. If the CO approves a variation, the CO must issue an appropriate contract modification, unless the variation is minor or does not involve a change in price or in time of performance.

(i) The Contractor must submit to the CO for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. The CO will keep three sets (unless otherwise indicated) of all offers and will return one set to the Contractor.

(j) The Contractor must insert this clause, with appropriate changes in the designation of the parties, in all subcontracts.

(k) When the Contractor finishes the work under this contract, it must provide four (4) complete sets of all shop drawings as the FAA provides final approval. These drawings must show all changes and revisions made up to the time the Contractor finishes the work and the FAA accepts it.

(End of clause)

3.2.2.3-62 PRECONSTRUCTION CONFERENCE (JUL 2024)

The successful offeror must attend a pre-construction conference at a site the Contracting Officer designates before starting the work.

(End of clause)

3.2.2.3-66 CONTRACTOR'S DAILY LOG (JUL 2024)

The Contractor must submit a "Daily Log." The Contractor must complete the logs daily and deliver them to the designated FAA Contracting Officer's (CO) Representative. The logs must include, but are not limited to, workers by classification, construction equipment moved on and off the site, materials and equipment delivered to the site, inspections and tests performed, and total cumulative hours worked.

(End of clause)

3.2.2.3-68 SAFETY AND HEALTH (OCT 2014) - ALTERNATE I (JUL 2004)

(a) Before beginning work, the Contractor (you) must:

(1) Perform a hazards analysis of the work specified in this contract. Consider both the site and adjacent conditions.

Identify all significant hazards. Some of the hazards you might encounter are electrical hazards, falling, tripping, power tools, etc.

(2) Submit a safety plan for dealing with each specific hazard identified, whether you or FAA identified it.

(3) Meet with the CO's representatives during the preconstruction conference to discuss and to develop a mutual understanding about the content and implementation of the plan.

(4) The CO or her or his representatives may require other hazards to be added to the plan. If the CO determines that your planned hazard avoidance measures are insufficient, the CO or a designated representative may require you to revise the plan. You may not begin work involving identified hazards unless you have submitted adequate plans to the CO and the CO has reviewed them. This approval does not relieve you of your liability for safe performance.

(End of clause)

3.2.2.3-71 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (JUL 2024)

The Contractor must (a) begin work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) perform the work diligently, and (c) complete the entire work ready for use not later than the final completion date on the contractor's approved schedule. The time stated for completion must include final cleanup of the premises.

(End of clause)

3.3.1-2 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (JUL 2018)

(a) The FAA will pay the Contractor the contract price as provided in this contract.

(b) The FAA will make financing payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The Contractor must furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, which must substantiate the payment amount requested in order to provide a basis for determining financing payments, in such detail as requested by the Contracting Officer. In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site may also be taken into consideration if --

(1) Consideration is specifically authorized by this contract; and

(2) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Along with each request for financing payments, the contractor must furnish the following certification, or payment will not be made:

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code; and

(3) This request for financing payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract.

[enter name] (Name) [enter title] (Title) [enter date] (Date)

(d) If the Contractor, after making a certified request for financing payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the unearned amount), the Contractor must-

(1) Notify the Contracting Officer of such performance deficiency;

(2) Be obligated to pay the FAA an amount (computed by the Contracting Officer in the manner provided in "Interest" clause) equal to interest on the unearned amount from the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for financing payments by an amount equal to the unearned amount.

(e) If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer will authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future financing payments that amount the Contracting Officer considers adequate for protection of the FAA and will release to the Contractor all the remaining withheld funds.

Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment will be made for the completed work without retention of a percentage.

(f) All material and work covered by financing payments made will, at the time of payment, become the sole property of the FAA, but this will not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the FAA to require the fulfillment of all of the terms of the contract.

(g) In making these financing payments, the FAA will, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) above will not apply to that portion of financing payments attributable to bond premiums.

(h) The FAA will pay the amount due the Contractor under this contract after-

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the FAA arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned.

(i) Notwithstanding any provision of this contract, financing payments will not exceed 80 percent on work accomplished on undefinitized contract actions. A contract action is any action resulting in a contract, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant…